116 N.E.2d 425
No. 33768Supreme Court of Ohio.
Decided December 16, 1953.
Supreme Court — Dismissal — No debatable constitutional question involved — Court procedure — Action for specific performance — Judgment for plaintiffs — Motion for new trial overruled — Notice of appeal on law and fact filed within 20 days — Praecipe for transcript not filed within 10 days — Section 12223-8, General Code — Motion to dismiss filed more than 55 days after judgment — Thereafter defendant’s praecipe for transcript filed in trial court — Court of Appeals — Sustained plaintiffs’ motion to dismiss — Overruled defendant’s motion to docket case — Right to trial de novo — Court of Appeals jurisdiction — Section 6, Article IV, Constitution.
APPEAL from the Court of Appeals for Pike county.
Mr. W.T. Reed, for appellees.
Mr. Raymond E. Daily, Jr., and Mr. Russell A. Malrick, for appellant.
It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., MIDDLETON, TAFT, HART, ZIMMERMAN, STEWART and LAMNECK, JJ., concur.
Page 407